Section 92 — Trusts Act 2019: Who may remove trustee and appoint replacement

92 Who may remove trustee and appoint replacement (1) The following persons have the power to remove a trustee in writing under section 103 : (a) the person nominated in the terms of the trust as having the power to remove trustees: (b) if there is no person authorised under paragraph (a) or the person is unable or unwilling to act, the remaining trustees: (c) if there is no person authorised under paragraph (a) or (b) or the person or persons are unable or unwilling to act, any of the following persons acting in relation to the trustee being removed that may be relevant: (i) a property manager appointed under the Protection of Personal and Property Rights Act 1988 to act as manager of the trustee’s property: (ii) a person holding an enduring power of attorney over the property of a trustee who is mentally incapable: (iii) the liquidator of a corporate trustee that is in liquidation. (2) The following persons have the power to appoint a replacement trustee in writing: (a) in the case of an appointment to replace a retiring trustee,— (i) the person nominated in the terms of the trust as having the power to appoint trustees: (ii) if there is no person authorised under subparagraph (i) or the person is unable or unwilling to act, the remaining trustees: (iii) if there is no person authorised under subparagraph (i) or (ii) or the person is unable or unwilling to act, the retiring trustee: (b) in the case of an appointment to replace a trustee who has been removed,— (i) the person nominated in the terms of the trust as having the power to appoint trustees: (ii) if there is no person authorised under subparagraph (i) or the person is unable or unwilling to act, a person with the power to remove a trustee under subsection (1)(b) or (c): (c) in the case of an appointment of a trustee to replace a trustee who dies while in office,— (i) the person nominated in the terms of the trust as having the power to appoint trustees: (ii) if there is no person authorised under subparagraph (i) or the person is unable or unwilling to act, the remaining trustees: (iii) if there is no person authorised under subparagraph (i) or (ii) or the person is unable or unwilling to act, the executor or administrator of the trustee. (3) Subsection (4) applies to a person nominated in the terms of a trust as having the power to appoint or to remove trustees for a limited purpose or in specified circumstances only. (4) This section does not authorise the person to exercise a power to appoint or remove a trustee for any purpose or in any circumstances beyond those specified in the terms of the trust.